State v. Townes, No. 55253

CourtMissouri Supreme Court
Writing for the CourtFINCH
Citation461 S.W.2d 761
PartiesSTATE of Missouri, Respondent, v. Sonny TOWNES, Appellant
Decision Date14 December 1970
Docket NumberNo. 55253,No. 2

Page 761

461 S.W.2d 761
STATE of Missouri, Respondent,
v.
Sonny TOWNES, Appellant.
No. 55253.
Supreme Court of Missouri, Division No. 2.
Dec. 14, 1970.
Motion for Rehearing or Transfer to Court En Banc Denied
Jan. 11, 1971.

John C. Danforth, Atty. Gen., Craig A. Van Matre, Asst. Atty. Gen., Jefferson City, for respondent.

John A. Blumenfeld, Blumenfeld, Kalishman, Marx & Tureen, St. Louis, for appellant.

FINCH, Judge.

Defendant, prosecuted under the Second Offender Act (§ 556.280, V.A.M.S.), was

Page 762

found guilty by the jury of robbery in the first degree by means of a dangerous and deadly weapon (§ 560.135, V.A.M.S.). The court fixed his punishment at imprisonment for ten years, and he appealed. We affirm.

On August 16, 1968, at approximately 12:30 p.m., a grocery store in St. Louis was entered by two men who proceeded at gunpoint to take cash, checks and food stamps from the cashier, Johnnie Mae Turner, and money and a gun from Willie Macklin, the owner. In addition, money and a wallet were taken from Dan Hornback, a route salesman, who entered the store while the robbery was in progress. The robbers were in the store for five minutes or more and were not masked. When they left the robbery was reported to police officers in the vicinity and they were given descriptions of the two men. Shortly thereafter, two officers in a police car in that neighborhood observed two men who corresponded to the broadcast description of the robbers. The officers gave chase but the two men ran and escaped. However, the officers traced one man to a nearby house where he had broken a basement window and entered the building. The owner of the house admitted the officers and they found defendant hiding underneath a rug behind a chair on the sun porch. In searching him the officers found the wallet taken from Hornback and a brown paper sack which had been in the cash register and on which had been written by Macklin the name and telephone of the cashier, Johnnie Mae Turner. They also found money, food stamps and a check which had been cashed at the grocery store shortly before the robbery and which was taken in the holdup. In addition, a snubnosed .38 caliber revolver was on the chair behind which defendant was hiding. It fit the description of the gun used by the man who held up the cashier and route salesman. The clothes worn by defendant when apprehended corresponded to the clothes worn by said robber.

Defendant was arrested at about 1:05 p.m., approximately half an hour after the robbery. Because he had or feigned some attack or seizure when arrested, he was taken to a hospital and then to the police holdover station in that district. At about 1:45 p.m., Johnnie Mae Turner, Willie Macklin and Dan Hornback were taken by officers to the holdover where they individually viewed the defendant. Each of them identified him as the one who had been in the store and had held Johnnie Mae Turner and Dan Hornback at gunpoint during the robbery.

On appeal, defendant asserts two grounds for relief. In the first place, he contends that the in-court identifications by witnesses Macklin, Turner and Hornback were tainted by reason of the fact that they were permitted to view defendant at the holdover station shortly after his apprehension at a time when he did not have counsel as guaranteed by the Sixth and Fourteenth Amendments to the Constitution of the United States. Defendant relies primarily on United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149, and Gilbert v. California, 388 U.S. 263, 87 S.Ct....

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13 practice notes
  • Perryman v. State, No. 43681
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • 16 Septiembre 1971
    ...264, 259 A.2d 628; State v. Murphy, 10 N.C.App. 11, 177 S.E.2d 917 (1970); State v. Bibbs, 461 S.W.2d 755 (Mo., 1970); State v. Townes, 461 S.W.2d 761 (Mo., 1970), or hospital, State v. Hamblin, supra; State v. Dutton, 112 N.J.Super. 402, 271 A.2d 593 And this court has in the past refused ......
  • State v. Higgins, No. 61285
    • United States
    • Missouri Supreme Court
    • 6 Diciembre 1979
    ...in the absence of counsel and are distinguishable on that basis. State v. Bibbs, 461 S.W.2d 755, 757 (Mo.1970); State v. Townes, 461 S.W.2d 761, 763 (Mo.1970), Cert. denied, 407 U.S. 909, 92 S.Ct. 2445, 32 L.Ed.2d 683 (1972). Moreover, in Wade at 388 U.S. at 240-241, 87 S.Ct. 1926, and Gilb......
  • State v. McDonald, No. 36399
    • United States
    • Missouri Court of Appeals
    • 26 Agosto 1975
    ...of the in-court identification by the witness of defendant as the person who robbed and beat her.' (Id. 610(9)). 1 In State v. Townes, 461 S.W.2d 761 764(1) (Mo.1970) cert. den. 407 U.S. 909, 92 S.Ct. 2445, 32 L.Ed.2d 683 (1972), the court held that under the rule of Hamblin a prompt confro......
  • State v. Dodson, No. 56969
    • United States
    • United States State Supreme Court of Missouri
    • 12 Marzo 1973
    ...whether the person apprehended should be held or released. In State v. Hamblin, Mo., 448 S.W.2d 603, 608, and State v. Townes, Mo., 461 S.W.2d 761, 763, 764, this court held that in similar factual situations the Wade and Gilbert cases were not applicable and in such situations it was prope......
  • Request a trial to view additional results
13 cases
  • Perryman v. State, No. 43681
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • 16 Septiembre 1971
    ...264, 259 A.2d 628; State v. Murphy, 10 N.C.App. 11, 177 S.E.2d 917 (1970); State v. Bibbs, 461 S.W.2d 755 (Mo., 1970); State v. Townes, 461 S.W.2d 761 (Mo., 1970), or hospital, State v. Hamblin, supra; State v. Dutton, 112 N.J.Super. 402, 271 A.2d 593 And this court has in the past refused ......
  • State v. Higgins, No. 61285
    • United States
    • Missouri Supreme Court
    • 6 Diciembre 1979
    ...in the absence of counsel and are distinguishable on that basis. State v. Bibbs, 461 S.W.2d 755, 757 (Mo.1970); State v. Townes, 461 S.W.2d 761, 763 (Mo.1970), Cert. denied, 407 U.S. 909, 92 S.Ct. 2445, 32 L.Ed.2d 683 (1972). Moreover, in Wade at 388 U.S. at 240-241, 87 S.Ct. 1926, and Gilb......
  • State v. McDonald, No. 36399
    • United States
    • Missouri Court of Appeals
    • 26 Agosto 1975
    ...of the in-court identification by the witness of defendant as the person who robbed and beat her.' (Id. 610(9)). 1 In State v. Townes, 461 S.W.2d 761 764(1) (Mo.1970) cert. den. 407 U.S. 909, 92 S.Ct. 2445, 32 L.Ed.2d 683 (1972), the court held that under the rule of Hamblin a prompt confro......
  • State v. Dodson, No. 56969
    • United States
    • United States State Supreme Court of Missouri
    • 12 Marzo 1973
    ...whether the person apprehended should be held or released. In State v. Hamblin, Mo., 448 S.W.2d 603, 608, and State v. Townes, Mo., 461 S.W.2d 761, 763, 764, this court held that in similar factual situations the Wade and Gilbert cases were not applicable and in such situations it was prope......
  • Request a trial to view additional results

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